Recalling the 2017 China Semiconductor Memorabilia, two intellectual property disputes for domestic semiconductor companies “are listed.” It is not difficult to find that with the gradual rise of China's semiconductors, industrial litigation began to emerge among giants.
On December 8, 2017, Micron filed a civil lawsuit in California, accusing UMC and Fujian Jinhua of violating DRAM’s business secrets. Among them, Fujian Jinhua is one of the three major memory projects in China, and it focuses on breakthroughs in DRAM technology.
Previously, on April 12, 2017, MOCVD (metal organic compound vapor deposition) equipment giant Veeco launched a patent infringement lawsuit against China SMIC supplier SGL in the United States; subsequently, China Microelectronics launched a counterattack, and on July 13 China Microelectronics Fujian Provincial Higher People's Court formally sued Veeco Shanghai for patent infringement and won a patent ban application against Veeco Shanghai on December 8.
Then, on December 21st, the Fujian court heard the lawsuit filed by China Microelectronics, but the final decision was still unknown. On January 11th, 2018, China Microelectronics told reporters of the 21st Century Business Herald: “There is no feedback at the moment. We are still waiting for the final result.” In Fujian Jinhua, which was also in a sensitive period, it refused to be interviewed by this reporter.
At the moment, the dispute between the litigants continues.
Offense and defense game
As a means of competition, the patent-pending between giants is quite common. However, the two lawsuits of China Microelectronics and Fujian Jinhua have caused the industry to be surprised.
Judging from Veeco's complaint, the object of its prosecution in the United States was not China Microelectronics itself, but its wafer carrier supplier SGL. The wafer carrier is an important material for MOCVD, the core device of microelectronics, and MOCVD is a key device for the production of LED chips. Veeco stated that SGL infringed its patents and requested SGL to prohibit the supply of goods to China Microelectronics. Afterwards, the U.S. court approved the embargo application in November 2017.
According to Gu Wenjun, chief analyst of the core research, Veeco's accusation is "Xiangzhuang swordsmanship." At the same time, he also stated: "The United States court imposed a preliminary embargo on SMIC's supply to China Microelectronics before it was determined whether the patent for Veeco's MOCVD reactor base tray was valid and whether the design of the micro-tray was infringed. Rarely, especially when SGL is not aware of the infringement of the micro-trays they do, and it is not intentional infringement, the embargo is unprecedented."
The micro-semiconductor semiconductors with deep patents were launched to counterattack. On the one hand, China Microelectronics filed a complaint against Veeco's trays and hinges for patent infringement in the Fujian High Court. On the other hand, China Microelectronics filed patents on the patents involved in the United States, China, and South Korea. Invalid request.
“We are confident that China Micro will win a patent lawsuit against Veeco Shanghai, and Veeco Shanghai will infringe on the sale of EPIK700 series MOCVD equipment since 2014,” said Dr. Yinzhi Zhu, Chairman and CEO of China Microsystems, in a previous public statement. At a great price, we also believe that our suppliers will eventually win patent litigation in the United States."
In fact, in the field of MOCVD, it is mainly monopolized by both Veeco and Aixtron. In recent years, China Microelectronics has developed rapidly and has begun to seize market share. Veeco, who feels the pressure, has come up with a patent stick.
Recently, analyst Wang Fei of LEDInside of Jibang Consulting Group told 21st Century Business Herald reporter: "China is now the world's largest MOCVD market. China and micro 2016 sales volume in China far exceeds that of Veeco, threatening Veeco's interests. At a glance, the principle of trays is used by many industries. Semiconductors have similar products many years ago, and they are not original patents."
On the other hand, Micron Technology sued Taiwan UMC and Fujian Jinhua for stealing its trade secrets and other misconduct. There are also occasional factors. This is due to the lawsuit brought by the mobility of UMC's talents. The memory project was jointly operated by UMC and Jinhua, so Jinhua also became the defendant.
Gu Wenjun said: “In this case, UMC (UMC) is the party that needs to take responsibility. Although it is a local company in Taiwan, UMC is a public company listed in the United States. Both of the agreements signed with Jinhua belong to the California jurisdiction. Some of the reasons for being sued in the United States are conceptually different. Because there is no management experience for large US companies, leaders have little control over details, and the U.S. government’s supervision of listed companies also lacks attention and is also inadequate in the handling of technology sources. Employees’ personal behavior will also cause damage to Jinhua. When employees change the runway, copying data and learning from experience are sometimes difficult to prevent.”
Continuing competition
While China's semiconductor industry is facing international litigation, the competition is still grim.
Taking MOCVD equipment of China Microelectronics as an example, as the key equipment for the epitaxial growth of LED chips, the price of a MOCVD is as high as 10 to 20 million RMB. In the LED industry, upstream companies are the bottleneck of technological progress and the key to the development of the entire industry. The number of participating companies in the LED industry chain is pyramidal. The upstream includes raw material supply, epitaxial wafer production, high-end equipment manufacturing, and chip manufacturing. It is technically and capital-intensive. The participating companies have core technologies and a small number, including China's China Micro and Aixtron, the United States' Emcore. the company. And this time, the prosecutor Veeco bought the MOCVD part of Emcore. At present, the major markets of China Microelectronics are still domestic and are surpassing traditional giants such as Veeco.
Judging from the memory market represented by Jinhua in Fujian, taking 2016 as an example, IC sales accounted for 82% of the entire semiconductor industry, and memory accounted for 23% of the entire semiconductor market. The most important memory at present includes DRAM, NANDFLASH, NORFLASH. Among them DRAM is the memory in the mobile phone. This time, Micron filed a civil lawsuit in California and accused UMC and Fujian Jinhua of infringing on its business secrets, mainly focusing on DRAM.
The giants of memory in the world are mainly in South Korea, including Samsung and Hynix. The memory industry in South Korea occupies more than 60% of the world's total. In the DRAM field, Samsung and Hynix add up to 80% of the global share. China's memory is also accelerating its development. Major manufacturers include Ziguang Group, Wuhan Xinxin, Fujian Jinhua and Zhaoyi Innovation. The first two companies have merged into the Yangtze River storage, and there has been significant progress in the DRAM field in Fujian Jinhua.
In Gu Wenjun’s view, China’s memory industry must have overseas litigation. Yangtze River Storage is the direction of 3D NAND. Jinhua and Changxin are DRAMs. However, the core competitiveness of the three is advanced wafer manufacturing capacity. Yangtze River Storage has relied on Spansion technology to become the vanguard of independent research and development; UMC and Jinhua are new Taiwan-continental cooperation models, starting with a breakthrough in memory-based key technologies; Changxin and Zhaoyi Innovation are domestic companies independently developing DRAM technology. Creators. If any of the three models goes through, the future will be equivalent to wedging a nail in the giant monopoly market.
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